Vikram v. Abhishek And ORS
$~29 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 364/2016 VIKRAM ..... Petitioner Through:
Mr. F. K. Jha, Adv.
versus ABHISHEK AND ORS ..... Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R
% 25.04.2016 The petitioner is the claimant before the motor accident claims tribunal seeking compensation for injuries and consequent disability suffered in a motor vehicular accident that occurred on 05.08.2009. It appears from the documents filed that the claim petition was submitted before the tribunal on 08.09.2010. The copies of the proceedings recorded before the tribunal show that the evidence of the parties stood concluded on 17.10.2013 when the matter was adjourned for final arguments to be heard on 21.11.2013. On application later moved, however, the opportunity for respondent's evidence was reopened by direction in order dated 29.01.2014 and the matter was listed for such purposes on 31.03.2014. Be that as it may, even the renewed opportunity stood concluded and the case became ripe for final arguments to be heard and was listed by order dated 05.05.2014 for such purposes on 19.07.2014. The copies of the subsequent
proceedings recorded before the tribunal show that it has been adjourned from time to tome and has remained at the same position ever since. It is now stated to be listed for further arguments on 26.07.2016. The petitioner has come up before this court feeling aggrieved that his case, though ready for final hearing and disposal, is not being taken up. Indeed, given the time lapse and the above noted status of the proceedings, there is no reason why the proceedings should remain hanging fire in the manner shown.
There is no need for any notice to be issued to the respondents on the petition at hand. All that the petitioner seeks is a direction to the tribunal for expeditious adjudication.
Given the background facts noted above, the petition is disposed of with direction to the tribunal to ensure that the matter is finally heard and decided within a reasonable time, preferably within one month of 26.07.2016, the date next fixed before the tribunal. A copy of this order shall be transmitted forthwith for due compliance to the tribunal.
R.K.GAUBA, J APRIL 25, 2016/ssc